House File 2165 - Introduced HOUSE FILE 2165 BY SALMON , JACOBSEN , WHEELER , GASSMAN , SHEETS , HEARTSILL , HANUSA , GUSTAFSON , BOSSMAN , FISHER , WATTS , BACON , HOLT , KOESTER , BAXTER , DOLECHECK , LUNDGREN , HAGER , and ROGERS A BILL FOR An Act prohibiting a cause of action for wrongful birth or 1 wrongful life, and including applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5159YH (17) 87 pf/rj/jh

H.F. 2165 Section 1. NEW SECTION . 613.15B Wrongful birth or 1 wrongful life cause of action —— public policy —— prohibition —— 2 exceptions —— applicability. 3 1. It is the public policy of this state to encourage all 4 persons to respect the right to life of all persons, regardless 5 of age, stage of development, condition, or dependency, 6 including all persons with a disability and unborn children as 7 defined in section 146B.1. 8 2. A cause of action shall not arise and damages shall not 9 be awarded, on behalf of any person, based on a wrongful birth 10 claim that, but for an act or omission of the defendant, a 11 child would not or should not have been born. 12 3. A cause of action shall not arise and damages shall not 13 be awarded, on behalf of any person, based on a wrongful life 14 claim that, but for an act or omission of the defendant, the 15 person bringing the action would not or should not have been 16 born. 17 4. The prohibitions specified in this section apply to any 18 claim regardless of whether the child is born healthy or with a 19 birth defect or disorder or other adverse medical condition. 20 However, the prohibitions specified in this section shall 21 not apply to a civil action for damages for an intentional 22 or grossly negligent act or omission, including any act or 23 omission that constitutes a public offense. 24 5. This section applies to causes of action that accrue on 25 or after July 1, 2018. A cause of action that accrues before 26 July 1, 2018, is governed by the law applicable to such a cause 27 of action prior to July 1, 2018. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill relates to causes of action for wrongful birth 32 and wrongful life. The bill provides that it is the public 33 policy of this state to encourage all persons to respect the 34 right to life of all persons, regardless of age, stage of 35 -1- LSB 5159YH (17) 87 pf/rj/jh 1/ 2

H.F. 2165 development, condition, or dependency, including all persons 1 with a disability and unborn children. 2 The bill prohibits a cause of action and the awarding of 3 damages on behalf of a person, based on a wrongful birth claim 4 that, but for an act or omission of the defendant, a child 5 would not or should not have been born. 6 The bill also prohibits a cause of action and the awarding of 7 damages on behalf of any person, based on a wrongful life claim 8 that, but for an act or omission of the defendant, the person 9 bringing the action would not or should not have been born. 10 The prohibitions apply to any claim regardless of whether 11 the child is born healthy or with a birth defect or disorder 12 or other adverse medical condition. However, the bill does 13 not apply to a civil action for damages for an intentional 14 or grossly negligent act or omission, including any act or 15 omission that constitutes a public offense. 16 The bill applies to a cause of action that accrues on or 17 after July 1, 2018. A cause of action that accrues before July 18 1, 2018, is governed by the law applicable to such a cause of 19 action prior to July 1, 2018. 20 The bill, in part, is a response to the Iowa supreme court’s 21 decision in Plowman v. Fort Madison Community Hospital, No. 22 15-0974 (June 2, 2017), holding, in part, that a wrongful birth 23 action fits within common law tort principles governing medical 24 negligence claims. 25 -2- LSB 5159YH (17) 87 pf/rj/jh 2/ 2